Bloomsbury Family Law Briefing: September Teaser

Non-party production of documents in family proceedings

A variety of judicial concern has been expressed at the failures of police to produce to the family courts documents in their possession relevant to care proceedings. When they should do this is regulated by eg Senior Courts Act 1981, s 34 and the witness summons procedure; and explained by a 2013 Protocol for co-operation between police and local authorities. Whether the legislative procedures are being followed by the family courts is not clear from the case law.

This article explains the various procedures which are available to parties to all forms of family proceedings – not only care proceedings – and how these apply in different types of family case.

Top five cases: September 2018

Re McLaughlin Judicial Review (Northern Ireland) [2018] UKSC 48 (30 August 2018)  non-provision of Widowed Parents’ Allowance (WPA) held to be discriminatory.

Hampshire County Council v CE and NE (Urgent preliminary ruling procedure - Jurisdiction, recognition and enforcement of judgments in matters of parental responsibility - International child abduction - Judgment) [2018] EUECJ C-325/18PPU (19 September 2018), ECJ – Hampshire CC could continue care and placement order proceedings on three children taken to Ireland, wardship proceedings subsequently issued by HCC could be continued.

LKH v TQA AL Z (Interim maintenance and pound for pound costs funding) [2018] EWHC 2436 (Fam) (24 July 2018), Holman J - £1 for £1 order: every pound paid to his own lawyers, H must pay £1 to W’s.

Gafforj v Gafforj (Appeal: Hadkinson Order) [2018] EWCA Civ 2070 (20 September 2018) – husband’s appeal to the Court of Appeal dismissed if he did not pay arrears of legal services order and costs of £140,000 (after Hadkinson v Hadkinson [1952] P 285).

PS v BP [2018] EWHC 1987 (Fam) (27 July 2018), Hayden J – a father’s appeal allowed where the circuit judge had refused to allow him to cross-examine the mother in a contact application.

The Family Law Briefing is part of the Bloomsbury Law Online Service. The full briefing is available here.

Written by Ellie MacKenzie

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